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M. SUNDAR, K. GOVINDARAJAN THILAKAVADI
Karthikeyan, Son of Chenniyappan – Appellant
Versus
District Collector, District Collector Office, Tiruppur – 601604 – Respondent
ORDER :
(M. Sundar, J.) :
Captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity} has been filed assailing an 'order dated 10.06.2024 bearing reference Ku.No.05-1/Encroachment/2024/E.Po' {hereinafter 'impugned order' for the sake of brevity} made by R4 {the Junior Engineer, Highway Department (C & M), Uthukuli, Tiruppur District}. A scanned reproduction of the impugned order is as follows:
2. Impugned order says that it has been issued pursuant to an order dated 18.08.2023 in W.P.No.24165 of 2023 being an order made by another Hon'ble Division Bench which is as follows:
3. To be noted, R4 is not a party in W.P.No.24165 of 2023 and there are two private respondents therein namely, R3 and R4. R3 is Karthi. It is not clear if R3 in W.P.No.24165 of 2023 is writ petitioner herein namely, Karthikeyan.
4. Issue notice to respondents.
5. Mr.T.K.Saravanan, learned Government Advocate accepts notice for respondents 1 to 5 and Mr.R.Kishore Kumar, learned Government Advocate (Crl. Side) accepts notice for R6.
6. Considering the limited scope of the captioned WP, main WP was taken up with the consent of both sides.
7. Learned State counsel submits that impugned notice has been i
An order issued by an unauthorized person under the Tamil Nadu Highways Act is invalid and lacks jurisdiction.
A statutory notice under the Tamil Nadu Highways Act for encroachments is valid unless issued by an incompetent authority, emphasizing the necessity of public safety and removal of encroachments.
The court ruled that a notice regarding encroachment must be treated as a Show Cause Notice, requiring a response before any coercive action can be taken.
The authority must consider representations before issuing final orders, and such consideration must be reflected in the order to ensure procedural fairness.
The court emphasized the necessity for authorized personnel to issue eviction notices under the Control of National Highways Act, adhering to procedural requirements to ensure the validity of such ac....
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